Aurora City Zoning Code
CHAPTER 1135
Administration, Enforcement and Fees
1135.01 ADMINISTRATION.
The provisions of this Zoning Code shall be administered by the Director of Planning and Zoning, by the Planning Commission, by the Board of Zoning Appeals, and by other persons and agencies in accordance with the City Charter and as specifically established in this Code.
(Ord. 2000-143. Passed 6-26-00.)
1135.02 DIRECTOR OF PLANNING AND ZONING.
The Director of Planning and Zoning shall administer the provisions of this Code, consistent with the provisions of Chapter 142 of the Code of Ordinances. The Director of Planning and Zoning shall also have the following specific responsibilities and authorities:
(a) Supervise the Zoning Inspector(s).
(b) Approve temporary uses and structures as provided in Section 1153.05.
(c) Provide staff support and professional planning and zoning advice to the Planning Commission, to the Board of Zoning Appeals, to the Mayor, and to City Council.
(d) The Director of Planning and Zoning shall have the authority to remove, without notice to the owner, any private sign placed in or upon any public road right-of-way or upon any property of the City of Aurora.
(e) Other responsibilities and authorities specifically established in this Code.
(Ord. 2000-143. Passed 6-26-00.)
1135.03 ZONING INSPECTORS.
A Zoning Inspector or Inspectors shall be employed to assist the Director of Planning and Zoning to enforce the provisions of this Code.
(Ord. 2000-143. Passed 6-26-00.)
1135.04 ZONING FEES.
(a) Fees shall be charged to applicants to cover all or part of the costs of administration, inspection, publication of notice, and other expenses incurred by the City in administering this Code, particularly for permits, amendments, and other action initiated by applicants.
(Ord. 2000-143. Passed 6-26-00.)
(b) Zoning Fees are hereby established as follows:
(1) The fee charged for an application for a Conditional Zoning Certificate shall be two hundred fifty dollars ($250.00);
(2) The fee for an application to amend the Zoning Code shall be five hundred dollars ($500.00); in addition, any costs incurred by the City from the County Board of Elections will also be the responsibility of the applicant;
(3) The fee for an application for a Variance shall be one hundred dollars ($100.00), subject to the following:
A. The fee for a Variance shall be waived in the event the request for a Variance is from Section 1153.04
(b)(2)(B) and the principal structure on the property has a floor area which is less than 900 square feet.
(4) The fee for a Zoning verification letter shall be one hundred dollars ($100.00).
(c) When a City official or employee, acting in his official capacity, submits an application or requests a service on behalf of the City, fees shall be waived. Fees shall also be waived for applications or requests submitted by the Aurora Board of Education.
(d) Fees for special studies. When it is determined by the Director of Planning and Zoning, by the Planning Commission, or by the Board of Zoning Appeals that a special study or special professional advice is required to determine whether an application or proposal, which is within their respective jurisdiction for review or approval, is in compliance with the provisions of this Zoning Code, then the Director of Planning and Zoning, Commission, or Board shall advise the applicant that such studies or advice are required. The Director of Planning and Zoning, Commission, or Board will either:
(1) Accept the required studies prepared by qualified professionals engaged by the applicant; or
(2) Require the applicant to deposit with the City funds as required to pay for such studies to be conducted by professionals engaged by the City.
(Ord. 2015-157. Passed 2-8-16.)
1135.05 APPLICATION COPIES.
Except as otherwise provided in this Code, applicants shall submit the number of copies of application forms, plans, exhibits, and other information and materials as required by the written policy of the Director of Planning and Zoning. The Director of Planning and Zoning shall establish a policy for copies based on the nature of the review, the number of persons required to review the copies, and the copies required for the record.
(Ord. 2000-143. Passed 6-26-00.)
1135.06 VIOLATIONS.
(a) Violations a Nuisance. Buildings erected, altered, moved, razed or converted, and any use of land or premises carried on in violation of any provision of this Zoning Code are declared to be a nuisance per se. Any building or land use activities considered possible violations of the provisions of this Zoning Code which are observed by any official shall be reported to the Director of Planning and Zoning.
(b) Inspection. The Director of Planning and Zoning or the Director’s designee shall inspect each alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this Zoning Code. The Director of Planning and Zoning, or his designee, upon presenting proper identification, shall have the right to enter upon any land or into any building for the purpose of making an inspection or acquiring information to determine whether or not the property and the use thereof conform to the requirements of this Code.
(c) Right to Appeal. The written order for correction of violations shall include a statement regarding the right to appeal and procedures therefor. A written appeal shall stay enforcement action until a decision is rendered by the official or body having jurisdiction. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the Director of Planning and Zoning may seek enforcement without prior written notice.
(d) Correction Period. All violations shall be corrected within a period of thirty (30) days after the written order is issued or for a longer period of time as indicated by the Director of Planning and Zoning or his designee in written order. Any violations not corrected within the specified period of time shall be reported to the Law Director who shall initiate prosecution procedures.
(Ord. 2000-143. Passed 6-26-00.)
1135.99 PENALTY.
The owner or owners of any building or premises, or part thereof, where anything in violation of this Zoning Code is placed or exists, and any tenant or occupant of such building or premises, and any architect, builder or contractor who assists in the commission of any such violation, and any person who violates any of the provisions of this Zoning Code or fails to comply therewith, for which no penalty is otherwise provided, shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). Each day such violation or failure to comply exists shall constitute a separate offense.
(Ord. 2000-143. Passed 6-26-00.)